Baleswar Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5989 of 2019 ====================================================== Baleswar Ray Son of Late Dukhan Ray Resident of Mohalla Old Post Office Chwok P.S.-Samastipur Town, District-Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Department of Revenue and Land Reforms, Patna.

2.

The District Magistrate, Samastipur.

3.

The Sub Divisional Officer, Samastipur.

4.

The Circle Officer, Samastipur Block Samastipur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Respondent/s :

Mr.Md. Khurshid Alam (AAG12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2019 Heard the parties.

In the present writ application, the petitioner has prayed for issuance of a writ of mandamus directing the respondent authorities to take encroachment case No. 06/201617 to its logical conclusion and remove the encroachment from Public Road namely Arya Samaj Road on Khesera No. 377, Mauza Bangra and Khesera No. 160 Mauza Magardahi in the district of Samastipur.

It has been submitted that a proceeding was initiated for removal of the encroachment vide Encroachment Case No. 06/2016-17. The said encroachment proceeding is pending till date before the Sub Divisional Officer, Samastipur (respondent

Patna High Court CWJC No.5989 of 2019(2) dt.28-03-2019 2/2 No. 3).

The Sub Divisional Officer, Samastipur (respondent No. 3) is directed to conclude the said encroachment proceeding after complying the provisions as laid down under Sections 3, 4 & 5 the Bihar Public Land Encroachment Act, 1956 and pass final order u/S 6 of the Act within a period of three months from the date of receipt/ production of copy of this order. With the aforesaid observation/direction, this writ application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U